The Death Penalty in the OSCE Area–Background Paper 2021
ty condemned this death sentence, urged authorities to introduce a moratorium on
the death penalty, and to adopt legislative amendments to remove this sentence.160
Two individuals remained on death row in the reporting period. Viktor Pavlov and
Viktor Sergel were sentenced to death in July 2019 and October 2019 respectively,161
and face execution at any time.
Executions between 1 April 2020 and 31 March 2021
During the reporting period no executions became known. In fact, since December
2019 there have been no executions carried out according to publicly available
information.162
Legislative developments
A number of amendments to criminal legislation were proposed in October 2020,
including a proposal to remove the death penalty from the Criminal Code, currently enshrined in Article 59.163 A “first package” of changes was adopted and approved
by parliament at the end of 2020. The “second package” of amendments, including
the removal of the death penalty from the Criminal Code, was reported to be considered at the spring or autumn session of parliament in 2021.164 This amendment was
initiated by law enforcement agencies, suggesting to replace the death penalty with
life imprisonment.165
160 Council of Europe, Belarus: General Rapporteur condemns handing down of a new death sentence,
20 January 2021.
161 ODIHR, The Death Penalty in the OSCE Area–Background Paper 2020, op. cit., note 5, p. 43.
162 Coupled with the recent pardon of the Kostev brothers, human rights activists have noted that this could
be a de-facto moratorium on the execution of sentences. During the finalisation of this report it was however announced that Viktor Pavlov is likely to have been executed. See: Viasna, Андрей Полуда: «Пока
нет системных изменений, новые приговоры и расстрелы могут произойти в любой момент»,
[Andrei Paluda: As long as there are not systemic changes, new death sentences and executions can occur at any moment], 4 May 2021; Viasna, EU deplores likely execution of Viktar Paulau, 17 June 2021.
163 UN News, Доклад ООН: Беларусь, единственная страна в Европе, где применятся смертная казнь,
рассматривает возможность ее отмены, [UN report: Belarus, the only country in Europe that still has
the death penalty, is examining the possibility of abolition], 9 October 2020.
164 General Rapporteur PACE on the abolition of the death penalty, noted in January 2021 that, “according
to reports a package of legislative amendments removing (the death penalty) from the Criminal Code
will soon be considered by the National Assembly,” Council of Europe, Belarus: General Rapporteur condemns handing down of a new death sentence, 20 January 2021.
165 TUT.By, Смертную казнь исключить, день в СИЗО засчитывать за два в колонии. Какие изменения
готовят в уголовный закон, [Exclude the death penalty, count a day in a pre-trial detention center as
two in a colony, What changes are being prepared in the criminal law], 5 January 2021.
41
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